Motoring

The end of diplomatic immunity for road offences in the ACT – about time

It was reported in The Canberra Times that the ACT Government and the Department of Foreign Affairs and Trade have reached a deal that ends the absolute immunity from the local road rules for foreign diplomats.

Having had a few near misses with cars bearing diplomat plates, I can’t help but think that it really is about time.

It doesn’t. They still have diplomatic immunity and cannot be compelled to appear in an Australian court (either civil or criminal) and cannot be compelled to pay any fine or comply with any court order.

I think its a case of DFAT indicating a willingness to expel diplomats who don’t comply with the road rules. For example, hopefully if a diplomatic driver racks up enough demerit points from speeding that they would lose their license if they were an ordinary resident, they will get sent home.

Definitely not going to happen. Diplomats are still immune from other things like criminal offences. They don’t get sent home for more serious offences there’s no way they’re sending them home for traffic offences.

DFAT did not indicate that as you said, they will likely just revoke their license and ban diplomats from driving.

I think its a case of DFAT indicating a willingness to expel diplomats who don’t comply with the road rules. For example, hopefully if a diplomatic driver racks up enough demerit points from speeding that they would lose their license if they were an ordinary resident, they will get sent home.

Its unlikely though, expulsion of a diplomat is a very serious step. Even the original article says that DFAT will just “request the departure”. Its a request, not an order and can be ignored. But in diplomatic parlance even a ‘request’ is a big deal.

Actual expulsion is rarely used and usually results in the tit-for-tat expulsion of a similar ranked Australian diplomat from that country.

It doesn’t. They still have diplomatic immunity and cannot be compelled to appear in an Australian court (either civil or criminal) and cannot be compelled to pay any fine or comply with any court order.

Yes they cannot be arrested or compelled to appear in court but if their license is cancelled the police can make them walk home.

It doesn’t. They still have diplomatic immunity and cannot be compelled to appear in an Australian court (either civil or criminal) and cannot be compelled to pay any fine or comply with any court order.

I think its a case of DFAT indicating a willingness to expel diplomats who don’t comply with the road rules. For example, hopefully if a diplomatic driver racks up enough demerit points from speeding that they would lose their license if they were an ordinary resident, they will get sent home.

It doesn’t. They still have diplomatic immunity and cannot be compelled to appear in an Australian court (either civil or criminal) and cannot be compelled to pay any fine or comply with any court order.

Taxi’s and Uber are going to be very happy in around 6 to 9 months time. All the diplomats who can no longer drive due to being caught driving in their “usual” manner having to park the diplomatic cars and find another way of getting around.